Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hunter Pacific International Pty Ltd v Martec Pty Ltd (No 2) [2016] FCA 1041 File number: NSD 158 of 2015
Judge: NICHOLAS J
Date of judgment: 25 August 2016
Catchwords: PRACTICE AND PROCEDURE – whether order should be made staying injunction and costs order made following trial of proceeding for infringement of registered design until determination of appeal. Held: stay of such orders refused.
Cases cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Henderson v Amadio Pty Ltd (No 3) (1996) 65 FCR 66 Hunter Pacific International Pty Ltd v Martec Pty Ltd [2016] FCA 796 Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65
Date of hearing: 25 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: Catchwords
Number of paragraphs: 13
Counsel for the Applicant: Mr JS Cooke and Mr S Hallahan
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: Ms K Howard SC with Ms R White
Solicitor for the Respondent: King & Wood Mallesons
ORDERS NSD 158 of 2015
BETWEEN: HUNTER PACIFIC INTERNATIONAL PTY LTD
(ACN 063 521 666) Applicant
AND: MARTEC PTY LTD (ACN 127 773 077) Respondent
JUDGE: NICHOLAS J DATE OF ORDER: 25 August 2016
THE COURT NOTES: In the following declaration and orders, Razor Ceiling Fan means the ceiling fan product known as the Razor ceiling fan (model numbers MRF134B and MRF134W) as depicted in the images in Annexure A to the originating application dated 26 February 2015 (reproduced in Annexure A to these orders). THE COURT DECLARES THAT: 1. By importing into, offering for sale and selling, keeping for the purpose of offering for sale and selling and/or otherwise disposing of in Australia the Razor Ceiling Fan, the Respondent has infringed Australian registered design no. 340171.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate